Guthrie Heli-Arc, Inc. — Hazardous Materials Safety Interpretation

Page 1IKristen Powell IGuthrie Heli-Arc, Inc I Tracking 119-0125 1585-494-2600 Revision Date: 110/30/2019 I 10/17/2019 110/30/2019 I IPHH-1 0 -Specialist St2t 110/30/2019 I I ILLI1iVH I HBPLJ Copy to Docket JJ Copy to DHM-60#

Page 2Dodd, Alice (PHMSA) (\ O\ From: INFOCNTR (PHMSA) Sent: Wednesday, October 30, 2019 2:24 PM To: Hazmat Interps Subject: FW: Guthrie Hell-Arc, Inc. -Request of Interpretation Attachments: G uthrie- Request of i nterpretation.pdf Hello Alice and lkeya, Please see attached for letter of interpretation request. The requester spoke with Sarah and Jonathon in the HMlC who were unable to find any letters or guidance that addressed the question. After reaching out to Ryan, they went to Victor Casillas who confirmed with Mike C and Dirk that the regulations do not define hazardous material transportation service so there is no way to indicate if it has to be legal transportation to be considered "in service" to determine when tests have to be completed. Please contact our office with any questions. Thank you, Kathryn, HMIC From: kristen@guthrieheliarc.com [mailto:kristen@guthrieheliarc.com] Sent: Wednesday, October 30, 2019 12:08 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Cc: 'Matt Ryan' <mattr@guthrieheliarc.com>; megr@guthrieheliarc.com Subject: Guthrie Hell-Arc, Inc. -Request of Interpretation Please see the attached Request of Interpretation. Mailing Address: 6276 Clinton Street Rd Bergen, NY 14416 Thank You, Kristen Powell Guthrie Hell-Arc, Inc 6276 Clinton Street Road Bergen, NY 14416 Phone: 585-494-2600 Fax: 585-494-2662 2avast This email has been checked for viruses by Avast antivirus software. www.avast.com#

Page 3Guthrie Heli-Arc, lnc./Guthrie Sales & Service 6276 Clinton Street Road Bergen, NY 14416 Phone: 585-494-2600 Fax: 585-494-2662 R stamp Number: 2711 Email: mattrquthrieheliarc.com Cer SRWOSB Woman Owned Small Bus1ness To whom it may concern: We have been involved in the federal tank inspection since 1991. We currently have a situation that we would like to have reviewed and a letter of interpretation provided. We have a long standing customer which we perform all annual V, K and I , P testing on their MC331 propane bobtail trucks. The truck in question had an annual V, K per-formed by our facility on 9/2017. The customer did not have an annual test performed at all in 2018. It is now October 2019 and this tank has been out of federal compliance for more than a year (13 months) since its last V, K test date. However, the customer has told us that it was still being used (illegally/out of compliance) for deliveries to date. As we were scheduled to perform annual V, K testing on his other equipment, this particular truck in question was also in need of an annual V, K. According to the DOT regulation, 180.415 (b) (3), "The cargo tank has been out of hazardous material transportation service for a period of one year or more. Each cargo tank has been out of hazardous materials transportation service for a period of one year or more must be pressure tested in accordance with 180.407 (g) prior to further use." It is our interpretation that this unit is in need of a pressure test (180.407 (g)) prior to us performing the request for an annual V, K. The customer disagrees and states that the equipment is still in service because it is able to deliver product and has continued to be on the road regardless of it being illegal/out of compliance. Per the regulation, what is the definition of "service"? It is our belief that if a federal regulated vessel does not follow the mandatory testing to be DOT compliant then they are rendered "out of service". Therefore in this situation, the customer has been "out of service" for over the one year period. Please provide us with your input and a letter of interpretation regarding this situation. Best Regards, Matthew Ryan-Owner/Registered Inspector e1e cr BRUSH HAWG MuItihog OULEUO INTERNATIONAL VACALL ISJEW W,W PRES'IC SYSTEMS pri,ress tail Arrow#

Page 4US. Department 1200 New JerseyAvenue, SE of Transportation Washington, DC 20590 Pipeline and Hazardous Materials Safety Administration Kristen Powell FEB 27 202fl Guthrie Heli-Arc, Inc 6276 Clinton Street Road Bergen,NY 14416 Reference No. 19-0125 Dear Ms. Powell: This letter is in response to your October 30, 2019, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the testing requirements for a Department of Transportation (DOT) Specification MC 331 cargo tank. You describe a scenario in which an MC 331 cargo tank underwent external visual inspection and leakage testing in September 2017, but did not undergo any testing in 2018. Your company was scheduled to perform external visual inspection and leakage testing on the cargo tank in October 2019 and determined that a pressure test was also required. However, your customer stated that the cargo tank is still being used for deliveries and is, therefore, still in "hazardous materials transportation service" even though it has been out of Federal compliance for more than a year. Specifically, you ask for the definition of "service" and seek confirmation of your understanding that an MC 331 cargo tank that is not compliant with the HMR would be considered "out of service." In your email, you reference § 180.415(b)(3); however, it is § 180.407(b)(3) that states: The cargo tank has been out ofhazardous materials transportation servicefor aperiodof one year or more. Each cargo tank that has been out ofhazardous materials transportation servicefor aperiod ofone year or more must be pressure tested in accordance with § 180.407(g) prior to further use.#

Page 5The HMR do not define the phrase "hazardous materials transportation service," as used in § 180.407(b)(3). However, this Office generally agrees with your understanding that an MC 331 cargo tank that is not compliant with the requirements of the HMR would be considered out of service and would require pressure testing in accordance with § 180.407(b)(3). I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#